Dangers of Mislabeled THC Products 

October 26, 2024 – San Diego County Sheriff's Office officials report that the San Diego County Sheriff’s Office and its community partners are raising awareness around the potential dangers of purchasing hemp-derived products that contain undisclosed levels of THC (the active ingredient in cannabis that causes the high sensation).  

As the Cannabidiol (CBD) market expands, the risk of encountering mislabeled products is increasing in San Diego County.  

Smoke shops, gas stations, liquor and wine stores, convenience stores and other major retailers sell hemp-derived food, drinks, dietary, beauty and medicinal products. However, consumers are unknowingly purchasing products that contain THC.

Mislabeled products make it difficult for consumers to distinguish between safe, legitimate products and those that pose a risk.  

These products are often packaged and marketed in ways that appeal to children which can lead to accidental consumption. Adults who consume these mislabeled products might also be at risk of driving under the influence without realizing it.

Governor Newsom's Emergency Regulations

In September of this year, Governor Gavin Newsom issued emergency regulations to immediately stop the sale of hemp-derived food, beverages, and dietary products made with any detectable amount of THC or similar compounds that mimic the effect or high of THC.

The emergency regulation also established a minimum age of 21 to legally purchase these products and limit the servings of THC products to five per package.

Sheriff's Special Study on the Mislabeling of Over-the-Counter Products

Paralleling the Governor's attention to this matter at the State level, San Diego County Sheriff Kelly A. Martinez has been hearing concerns directly from community members on this topic throughout 2024.

Given the significance of this health and safety concern, Sheriff Martinez mobilized subject-matter experts from the Sheriff's Marijuana Enforcement Team (MET) and Regional Crime Laboratory to complete a special study to investigate the issue that was impacting our region.

The Sheriff's Marijuana Enforcement Team conducted undercover buys in March, April and September of this year to better understand the impacts in San Diego County.  MET Deputies purchased 110 vape pens, liquids, powder, paper and edibles such as lollipops, candy bars, cookies and gummies across the county for testing by the Sheriff’s Crime Laboratory.

Products marketed as “THC-free” were found to contain the psychoactive ingredient in marijuana. Sheriff's Crime Laboratory tests showed the amount of THC in any given product greatly varied between products putting both adults and children at risk.

THC can additionally impact a person’s ability to drive. These illegal drugs are classified as highly addictive and can cause hallucinations.

The Sheriff's Office also found products containing psilocybin, the drug found in mushrooms. This is a schedule one narcotic and cannot be sold to anyone.

Call to Action

On Friday, October 25, Sheriff Martinez hosted a news conference in collaboration with County Supervisor Joel Anderson and Dr. Natalie Laub from Rady Children’s Hospital, among other community and justice partners, to urge consumers and the public to exercise caution when purchasing hemp-derived products.

To watch the news conference, click here.

The news conference raised awareness about the potential dangers taking place in local retail establishments, while encouraging retailers to carefully review the products they sell.

"We are committed to ending the mislabeling of hemp products containing THC, ensuring consumers receive the transparency and truth they deserve," said Sheriff Martinez. "It's time to stand up for integrity in the marketplace and protect the rights of those seeking safe, reliable products. Misleading labels can lead to unintentional consumption of THC, which may have legal implications and affect personal health and wellness."

Dr. Natalie Laub, a board certified doctor who specializes in both Pediatrics and Child Abuse Pediatrics at Rady Children's Hospital, recommends parents should look for signs of confusion, dizziness or unusual sleepiness in children as symptoms of accidental consumption of edibles.

If you think your child has consumed a product laced with THC, call Poison Control or head to the emergency room.

San Diego County leaders are also weighing in on the risks posed by these products.

“We know that marijuana, hemp, and other THC-laced products can have dangerous effects on the body and mind, especially for young men ages 24 and under," said Supervisor Anderson. "That is why education about these over-the-counter products is so important and it’s essential for all parents to talk to their kids – and for everyone to know what they are consuming.”

The Sheriff's Office is working hard to ensure local retailers understand the public safety and health concern impacting our region.

During the news conference, Sheriff Martinez shared the following call to action steps with the public:

• Public Awareness and Education: The Sheriff's Office, in collaboration with community partners, is actively engaging in public awareness campaigns and educational initiatives to inform both businesses and the public about the dangers of mislabeled THC products.
• Parental Vigilance: Parents are urged to be vigilant and talk to their children about the dangers of THC-laced products. They must secure any cannabis products to prevent accidental ingestion by children.
• Retailer Accountability: Businesses are urged to acquire independent testing for all THC products they sell to ensure accurate labeling and compliance with regulations. They are reminded that they are legally responsible for the products they sell.
• Use Law Enforcement as a Resource: Should community members have products that may potentially be mislabeled with THC products or are questionable, they are encouraged to drop them off at any Sheriff's Station or Substation.

"Safe, regulated, and legal cannabis is the only product that should be available to consumers, and any company that knowingly misleads people by producing or selling fake, harmful products need to be held accountable,” said Vice Chair and County Supervisor Terra Lawson-Remer. “Sheriff Kelly Martinez and her deputies' effort to educate retailers and the community about mislabeled products will help to keep residents healthy and protect our small businesses. I appreciate the Sheriff’s Office for everything they do to keep our communities safe.”

The Sheriff's Office is taking a collective step to bring attention to this matter locally in San Diego County and continues to work in collaboration on this pressing issue with our community members, as well as justice partners to support enforcement efforts in tandem with State regulators, including:

• California Department of Public Health
• California Department of Cannabis Control
• California Department of Alcoholic Beverage Control
• California Department of Tax and Fee Administration

 Sheriff Martinez would like to thank all our partners in this community outreach campaign:

• San Diego County Chiefs' and Sheriff’s Association
• Center for Community Research
• SAY San Diego
• Mano a Mano Foundation
• Neighborhood Market Association

To learn more about this important issue, click here.

To report any concerns of retailers that are not abiding by the new emergency regulations, send an email to: marijuanaenforcement@sdsheriff.gov.

To watch our public service announcement video, click here.

For more information on the emergency regulations banning the sale of intoxicating hemp products in California, click here.

For all other media resources, including photos of edibles, mislabeled product results, a copy of the letter informing retailers, and a copy of the community safety bulletin, click here.

Source & photos: San Diego County Sheriff's Office